Wednesday, April 18, 2012

Otzer HaPoskim:Kuntres Ma'us Alei & Forced Get

This morning I had a chance to sit down with Otzer HaPoskim which effectively collects and collates all the issues that we have been dealing with here. For those who would really like to get to the bottom line on the topic of the use of force when the woman says she can't stand her husband - look at the last volume dealing with Shulchan Aruch (E. H. 77:2). There you will find a 36 pages  kuntres of the relevant sources. The issue of the suffering of the woman vs the stablity of the institution of marriage is there. The problem of the rights of the husband versus the real problem that women will give up yiddishkeit if trapped in a unhappy marriage. The problem of the availability of heterim and their use when the wife simply gets bored with her husband or finds another man who is more interesting. There is also a section of whether the problem of get me'usa is a concern only l'chatichila or even bedieved. In other words if the woman remarries do we force the second husband to divorce her because we are afraid that the first get was posul. I also found the Rav Chaim Palaggi that had been mentioned as well as an interesting Rabbeinu Yonah [to be continued]


  1. They (Otzar HaPoskim) also wrote an entire sefer on this topic I beleive its called כפיה בגט..

  2. There seems to be a dangerous tendency in present day judaism: revoking decisions by batey din.

    If it is not reliable any more that a legal act is a legal act, no order is possible.

    If Giurim, marriages, gittin, etc can be revoked any time, legal certainty is gone, and the whole "Din torah" system becomes a mascarade.

  3. Is any way to acces this online e.g. Hebrebooks?

    batmelechApr 18, 2012 06:44 AM
    ...the whole "Din torah" system becomes a mascarade.

    So mascarade is a derivative of mascara. Who knew?

    ...or did you mean masquerade?

  4. reb chaim haqoton - yes, they put out that sefer, with the sponsorship of an aguna advocacy organization, as I recall.

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